12 June 2012

Governor Mitch Daniels, a Republican, has authorized changes to a 2006 legislation that legalizes the use of deadly force on a public servant — including an officer of the law — in cases of “unlawful intrusion.” Proponents of both the Second and Fourth Amendments — those that allow for the ownership of firearms and the security against unlawful searches, respectively — are celebrating the update by saying it ensures that residents are protected from authorities that abuse the powers of the badge. Others, however, fear that the alleged threat of a police state emergence will be replaced by an all-out warzone in Indiana. Under the latest changes of the so-called Castle Doctrine, state lawmakers agree “people have a right to defend themselves and third parties from physical harm and crime.” Rather than excluding officers of the law, however, any public servant is now subject to be met with deadly force if they unlawfully enter private property without clear justification. “In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant,” reads the legislation. Although critics have been quick to condemn the law for opening the door for assaults on police officers, supporters say that it is necessary to implement the ideals brought by America’s forefathers. Especially, argue some, since the Indiana Supreme Court almost eliminated the Fourth Amendment entirely last year. During the 2011 case of Barnes v. State of Indiana, the court ruled that a man who assaulted an officer dispatched to his house had broken the law before there was “no right to reasonably resist unlawful entry by police officers.” In turn, the National Rifle Association lobbied for an amendment to the Castle Doctrine to ensure that residents were protected from officers that abuse the law to grant themselves entry into private space. “There are bad legislators,” the law’s author, State Senator R. Michael Young (R) tells Bloomberg News. “There are bad clergy, bad doctors, bad teachers, and it’s these officers that we’re concerned about that when they act outside their scope and duty that the individual ought to have a right to protect themselves.” Governor Daniels agrees with the senator in a statement offered through his office, and notes that the law is only being established to cover rare incidents of police abuse that can escape the system without reprimand for officers or other persons that break the law to gain entry. “In the real world, there will almost never be a situation in which these extremely narrow conditions are met,” Daniels says. “This law is not an invitation to use violence or force against law enforcement officers.” Officers in Indiana aren’t necessarily on the same page, though. “If I pull over a car and I walk up to it and the guy shoots me, he’s going to say, ‘Well, he was trying to illegally enter my property,’” Sergeant Joseph Hubbard tells Bloomberg. “Somebody is going get away with killing a cop because of this law.” “It’s just a recipe for disaster,” Indiana State Fraternal Order of Police President Tim Downs adds. “It just puts a bounty on our heads.”